SIU Closes Investigation into Hamilton Falling Death

Other News Releases Related to Case 10-OCD-028

Witness Assistance

Mississauga (16 March, 2010) --- The Special Investigations Unit (SIU) has reviewed the facts around the February 2010 falling death of 32-year-old Kenneth Lee Charles Lyon. Ian Scott, the Director of the SIU, has concluded there are no reasonable grounds to believe two officers with the Hamilton Police Service (HPS) committed a criminal offence in this case.

The SIU assigned five investigators and two forensic investigators to probe the circumstances of this incident. The investigation found that the following events took place on February 23: * At approximately 11:20 a.m., the two subject officers and a witness officer went to Mr. Lyon's apartment on the 8th floor of 80 Robinson Street to execute a search warrant. The investigation related to sexual offences against a child and the search warrant was an attempt to find evidence of child pornography. * Mr. Lyon allowed the officers entry into his apartment, and he was immediately arrested by one of the subject officers. * The evidence indicates that Mr Lyon then broke contact with the officer, darted toward the apartment balcony door, and vaulted head first over the balcony railing. He landed on the windshield of a parked pickup truck, and died instantly. There is no evidence of a struggle with police immediately before the fall.

Director Scott said, "The subject officers had the lawful authority to attend Mr. Lyon's apartment on the strength of a search warrant. They also had the grounds to arrest him. Upon his arrest, Mr. Lyon escaped the lawful custody of one of the subject officers and took his own life by jumping off an eighth floor balcony. There is no suggestion that the subject officers, by either acts or omissions, caused the death of Mr. Lyon. By all accounts, it would appear that Mr Lyon died in an effort to escape the consequences of facing charges."

The SIU is an arm’s length agency that investigates reports involving police where there has been death, serious injury or allegations of sexual assault. Under the Police Services Act, the Director of the SIU must

consider whether an officer has committed a criminal offence in connection with the incident under investigation

depending on the evidence, lay a criminal charge against the officer if appropriate or close the file without any charges being laid